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Same-Sex Partnership Recognition Case Reaches European Union Court

On 21 November 2017, a Grand Chamber of the Court of Justice of the European Union (CJEU) will hold hearings in a case on the meaning of the word “spouse” in the 2004 EU Freedom of Movement Directive and its application to same-sex couples.

On 21 Nov 2017

On 21 November 2017, a Grand Chamber of the Court of Justice of the European Union (CJEU) will hold hearings in a case on the meaning of the word “spouse” in the 2004 EU Freedom of Movement Directive and its application to same-sex couples, brought by Mr. Relu Adrian Coman, a citizen of Romania, and his husband, Mr. Robert Claibourn Hamilton, a citizen of the United States, concerning Romania’s refusal to allocate a residence permit to Mr. Hamilton under the EU Directive on the basis that the Romanian Civil Code does not allow recognition of same-sex marriage. Mr. Coman and Mr. Hamilton were married in 2010 in Brussels, Belgium.

The Regional Office for Europe of the UN Human Rights Office (OHCHR) takes the opportunity to recall international human rights standards and good practices regarding legal recognition of same-sex couples and their children, and related patrimonial rights and also draws attention to the recent call by the United Nations Human Rights Committee for Romania to eliminate discrimination against and combat stereotypes and prejudices against lesbian, gay, bisexual, transgender and intersex (LGBTI) persons, investigate acts of violence and discrimination against them, hold perpetrators accountable, provide access to reparations for victims and ensure that legislation concerning change of civil status with respect to gender identity is clear and applied consistently with human rights norms.